The Role and Functions of Law

The Role and Functions of Law

Laurie Tyler

Law/421

August 22, 2016

Richard Blackwell

The Role and Functions of Law

The role and function of law in society and business is to provide a structure that everyone can successfully navigate.  We live in a nation of cultural diversity, and because of this, there are many different views on how one should conduct themselves.  Law provides individuals and businesses with an understanding of how to assist in leading conduct, dealing with criminal actions, and handling disputes. They also show what rules need to be followed, and what the consequences are for breaking any laws, and how to address any alleged or real mistakes.  This paper will discuss the purpose of business law and how the judicial system fits into society and business, a comparison of federal and Minnesota state court structures, and alternative dispute resolution.

The law is the set of rules that regulate the behavior of individuals and business and society.  The Constitution of the United States is the supreme law of the land. These laws are intended to protect a person or business and their property from illegal activity.  If these laws are broken, then the people or business will be subject to sanctions or legal consequences.  An example would be an associate from a company has too much to drink at lunch and gets into an accident and injures another person.  This person would be arrested and tried by a prosecutor in a court of justice for drinking and driving.  The laws state what the consequences could be.  It is up to the judge to decide the ultimate punishment for the person if found guilty.  Now civil law will come into play, and this is where the injured person can sue both the company and the individual.

Federal versus Minnesota Court Structure

All issues are handled within a judicial system.  Depending on what the issue is will depend on what level the case is handled at.  Federal laws are passed by Congress and signed by the President.  The judicial branch resolves disputes regarding federal law and also the constitutionality of federal laws.  The Courts decide is a person committed a crime and if so, what punishment they should receive.

The U.S. judicial system has different levels of hierarchy. The Supreme Court, which is the highest court in the United States. The Courts of Appeals, which consists of 13 appellate courts.  Then you have the district courts also known as Trial courts. There is at least one district court in each state.

Minnesota also has three levels.  District court, the court of appeals, and the Minnesota Supreme Court.  Some of the differences between Minnesota court structure and the Federal court structure are that when a case originates in a State Trial Court, then if it is appealed, you go the court of appeals. From there you go to the Minnesota Supreme Court, especially if the case is about first-degree murder or if there are legislative and statewide election contests.  If a case is originated in a federal Trial Court, these are held in Minneapolis or St. Paul.  These case could include federal statutory claims or federal constitutional claims, either criminal or civil. This Federal Court also would hear cases involving a Minnesota resident or entity from another state that involves damages ranging from $75,000.00 or more.